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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 11035
Experience:  Significant experience in all areas of employment law.
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I have a chronic and medical condition that was acknowledged

Customer Question

I have a chronic and medical condition that was acknowledged and accepted by my employer qualifying me for FMLA, which I am currently on with intermittent use. In Oct of 2015 I filed an employee dispute over corrective action taken on me from a medical episode I had at work. I won the dispute. One supervisor said to a co-worker he was "Pissed" I was not fired from it. In Jan of 2016 this same supervisor told another co-worker he was going to have me fired for using FMLA that day. He said he called the Chief Administrator and told him he wanted me fired for using FMLA, and he said the Chief Administrator told him there was a "process" for doing that. 5 days later I received an unjustified write up, followed by 2 weeks later another write up, with a threat to terminate. Other employees did the same mistake and it was handled as a training issue. I found out that the Chief Administrator has made statements openly saying, "people who call in sick are slugs, and are not to be rewarded with training or anything else". Does anyone know what legal actions. if any, I can take?
Submitted: 7 months ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 7 months ago.

Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

You can file a lawsuit for FMLA retaliation. Right now, if you have not been fired or demoted, your only damage would be for emotional distress, and so it may not be worth the large investment of time or money to pursue a claim. But assume you are terminated or demoted and suffer a concrete financial loss of some sort, at that point you would have a more valuable claim

Either way, many attorneys would likely be willing to accept a case like yours on a contingency fee basis. If you don't know, contingency representation is where the attorney does not charge anything up front, just a percentage of your award or settlement if there is a recovery. That percentage is typically around 33%. To locate an attorney to represent you, see here.

I hope that you find this information helpful. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.

Expert:  Patrick, Esq. replied 7 months ago.

Was I able to answer your question here? Please let me know if I can be of any further service....